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Medical Malpractice Litigation: Alternatives For Pennsylvania, Cathy J. Jones

Duquesne Law Review

The medical malpractice crisis of the last decade produced legislative responses in several states, including Pennsylvania. Pennsylvania's malpractice act was declared unconstitutional by the Pennsylvania Supreme Court, however, and the state's malpractice arbitration system now shows little potential for dispute resolution. The author examines the Pennsylvania statute-and the reasons for its demise-as well as the performance of several alternative methods currently functioning in other states. She concludes that the most promising option for Pennsylvania is a system of voluntary binding arbitration.